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Injunctions can be obtained against activists, when an individual or company brings a civil claim against them for a specified “tort” – ie a civil wrong. Examples of torts are private nuisance, trespass and libel.
The complainant company may specify the remedy that they seek in relation to the “tortious” conduct they claim to have suffered. In most civil cases, the remedy will be damages in the form of financial compensation, but in claims against protestors the claimant will usually also apply for an injunction restraining protestors from engaging in future unlawful conduct.
These injunctions typically prohibit protestors from assaulting, molesting, or otherwise harassing the employees of the claimant’s company. They often stipulate that protestors must not enter “exclusion zones” surrounding the premises or home addresses of the claimant’s employees. In these cases, the injunctions usually allow for protestors to enter the exclusion zone one day a week.
What is the penalty for breaching an injunction?
In most civil claims, a claimant must apply to the High Court for “committal
proceedings” to be brought against anyone suspected of acting in breach
of an injunction. If successful the defendant can be imprisoned (“committed”)
for up to 2 years. This is a complex and drawn out procedure and the High Court
will generally not imprison defendants unless the breach has clearly been proved
and the terms of the injunction are clear and unambiguous.
However, where a claim is brought under the Protection from Harassment Act 1997 (PHA - see previous section), breach of any injunction is also an arrestable offence punishable “either way” by up to 6 months summarily and 5 years on indictment. It is therefore an “arrestable offence” and the police can arrest anyone whom they reasonably suspect to have breached the injunction.
Can an injunction be used against me if I am not named as a defendant?
Yes, it can. In any civil claim, a court may order that one party represent
a group of individuals. For example an injunction could be ordered against the
director of Greenpeace on behalf of the director and all the members of Greenpeace.
All the members of Greenpeace would be bound by the terms of such an injunction,
once they had been served with it.
Am I bound by the terms of an injunction if I have not been served
with notice of it?
No, you must be served with notice of an injunction in order to be bound by
its terms. As a general rule a court order is not deemed to be served unless
it has been served on you personally. However a judge may rule otherwise and
will often order that “service” may take any of the following forms:
If there is evidence that you have been made aware of an injunction in any of these ways, then you could be deemed to have been served with it.
Can Injunctions be used to protect companies?
Generally speaking, yes they can. However it has been ruled that companies cannot
make a claim under Section 3 of the PHA. Companies such as Huntingdon Life Sciences
are currently getting round this ruling by bringing the claim in the name of
one employee on behalf of all the others. This tactic, which protects the company
in all but name, is legally questionable. The government is now proposing to
amend the PHA by enabling it to be used to protect groups of employees.
How can the prosecution prove that I have acted in breach of a civil
injunction?
In order to convict you for breaching an injunction it is not enough for the
prosecution to show that you are a part of an organization named on the injunction.
They must have evidence that you are specifically aware of its terms.
This evidence could consist of any of the following:
Even where the police have such evidence, you can say in your defence that you had a “reasonable excuse” eg because you had not actually read it.
[<<17. Harassment][Contents][19. Penalty Notices>>]
This article is for information purposes only; its aim is to let people to know their full rights under UK law. Nothing on these pages is absolute as the law is always changing; if in doubt contact a trusted solicitor for further advice. We do not encourage you to break the law.
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